Supreme Court allows Trump to fire independent agency members
The case raises broad constitutional questions aboutwhether Congress can set up agencies that prevent the president from removing officials without cause.
April 9, 2025, 4:30 PM EDT By Lawrence Hurley
WASHINGTON —The Supreme Court on Wednesday ordered that, for now, President Donald Trump is not required to reinstate two members of independent federal agencies he wants to fire.
The provisional decision affects Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board.
Chief Justice John Roberts issued an order that temporarily blocked lower court rulings that said the two officials should be reinstated.
The court will decide what next steps to take in the case after hearing from lawyers for the two ousted officials.
Although the Supreme Court previously upheld protections against members of independent agencies being removed without cause, the current conservative majority has reversed course in recent cases affecting other agencies.
Wilcox was appointed to the body that adjudicates labor disputes by then-President Joe Bidenin 2021. Her five-year term would have expired in 2026. Under federal law, thepresident can only fire members "for neglect of duty or malfeasance in office."
Biden appointed Harris in 2022 to a seven-year term that has similar protections against removal. The Merit Systems Protection Board handles disputes involving federal employees.
Trump sought to fire both soon after taking office.
Wilcox and Harris both sued and won at the district court level. An appeals court panel initially ruled for Trump but, in a later ruling in which the entire bench of judges participated, reversed course in a 7-4 vote, prompting the administration to go to the Supreme Court.
In recent rulings, the Supreme Court, which has a 6-3 conservative majority, has ruled that provisions protecting single heads of independent agencies were unconstitutional. But a 1935 precedent that upheld the structure of multimember agencies remains on the books.
Conservative lawyers who favor broad presidential powerhave long argued that independent agencies are not sufficiently accountable to the democratically elected president under the Constitution's separation of powers provision. The president should be able to fire agency heads at will, they argue.
Solicitor General D. John Sauer said in court papers that,because of the lower court rulings, Wilcox and Harris are effectively "exercising the president's executive power over the president's express objection."
Lurking in the background of any effort to overturn the 1935 ruling, Humphrey's Executor v. United States, is whether thepresident would have the power to fire members of the Federal Reserve, which traditionally operates independently of the White House.
https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trump-fire-independent-agency-members-rcna200492
(Research on both these orgs and boards, they are both highly corrupt and have had 100s if not 1000s of complaints. The names of the agencies are always the opposite.)
Board Member
Gwynne Wilcox was confirmed by the Senate on September 6, 2023 to serve a second term as Board Member ending August 27, 2028. Ms. Wilcox previously served as a Member of the Board from August 4, 2021 until August 27, 2023, and she served as Chair of the Board from December 17, 2024 to January 20, 2025. On January 27, 2025, President Donald J. Trump removed Ms. Wilcox from the Board prior to her term’s expiration in 2028.
Ms. Wilcox is the first Black woman to serve on the Board since its inception in 1935, and is also the first Black woman to serve as Chair of the NLRB. In November 2021, Wilcox was presented with the Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award by the American Bar Association’s Labor and Employment Law Section. The award is given to a member, law firm, corporation, organization or academic institution “that has demonstrated leadership in and commitment to advancing diversity, equity, and inclusion in the legal profession.”
Previous to her appointment, Wilcox was a senior partner at Levy Ratner, P.C., a New York City labor and employment law firm. While there, she served as Associate General Counsel of 1199SEIU United Healthcare Workers East and as a labor representative to the NYC Office of Collective Bargaining. Prior to joining Levy Ratner, she worked as a Field Attorney at Region 2 of the NLRB in Manhattan. Wilcox holds a bachelor’s from Syracuse University, a J.D. from Rutgers University School of Law-Newark, and is a Fellow in the College of Labor and Employment Lawyers.
https://www.nlrb.gov/bio/gwynne-a-wilcox